In court proceedings in Thailand, there are strict requirements governing procedural rules and the preparation of litigation documents. The area of civil and criminal litigation at the Bangkok law firm Herrera and Partners H&P have prepared a summary of relevant aspects of dispute resolution and litigation in Thailand.
All procedures and documents must be prepared correctly in accordance with the prescribed forms and methods, in order to avoid any adverse impact on the court’s consideration of the case and to prevent any procedural disadvantage in the litigation, such as;
Statute of limitations
In initiating legal proceedings in Thailand, whether civil or criminal, the action must be filed within the applicable statute of limitations. Prior to filing a case, it must always be considered whether the claim has already become time-barred.
Civil case: As a general rule, the statute of limitations for civil actions is applied by Section 193/30 of the Civil and Commercial Code. However, in certain cases where the law specifically prescribes a limitation period, such specific period must be applied. For example, in a tort case, the lawsuit must be pursued within one year from the date the injured party becomes aware of the wrongful act and the identity of the person who committed the wrongful act.
Criminal case: In criminal matters, the statute of limitations is governed by Section 95 of the Criminal Code. However, for private offences, also known as compoundable offences, a complaint must be filed with the competent authority within three months from the date the injured party becomes aware of the offence and the identity of the offender.
Legalization
Legalization of documents means verifying and authenticating documents issued in one country so that they can be used in another country, and to ensure that such documents can be accepted by Thai government authorities as authentic foreign documents.
In Thailand, the legalization process is handled through the Department of Consular Affairs of the Ministry of Foreign Affairs and the embassy of the destination country where the document will be used.
On the other hand, when foreign documents are to be used in Thailand, they must first be legalized through the Department of Consular Affairs of the Ministry of Foreign Affairs and the Thai embassy in the country where the documents were issued, before they can be used in court in Thailand.
However, some countries use an apostille, which is a way to certify a document issued in one country for use in another through an apostille certificate.
Therefore, apostilled documents are recognized only in countries that are parties to the Apostille Convention. Since Thailand is not currently a member of this convention, apostilled documents are not accepted in Thailand, are not considered legalized, their authenticity is not recognized, and they cannot be used with any Thai government authority.
Importantly, any documents brought from foreign official must first be translated into Thai, because the official language of Thailand is Thai.
Power of Attorney and Lawyer Authorization
In court proceedings in Thailand, the person who has the authority to conduct the case, whether as the plaintiff or the defendant (the “party”), is the most important person in the case. Such person has the authority to appoint another person to act on their behalf by granting a Power of Attorney. The person who is granted a Power of Attorney to conduct the legal proceedings is deemed a party to the case, and the party have to appoint a lawyer to represent them by issuing a Lawyer Authorization.
In litigation, the party must issue a Lawyer Authorization to allow the lawyer to assist in conducting the case, represent them, and to carry out procedural actions on behalf of the party as deemed appropriate to protect the party’s interests, pursuant to Section 62 of the Civil Procedure Code.
In court proceedings, the most important witnesses are the parties themselves, whether they appear personally or through a power of attorney. They will testify in court as parties to the case. However, a witness cannot appoint another person to testify on their behalf. The witness must appear before the court to testify.
However, a defendant in a criminal case cannot authorize another person to pursue the case on their behalf, as the law requires the defendant themselves to be present in court during the proceedings.
Court fees in civil lawsuits
In general, civil proceedings at the court of first instance, court fees including the summons fee, must be paid, as charges payable to the court for handling the lawsuit. The amount varies depending on the type of relief requested in the plaint. Generally, in cases where monetary payment is claimed, the plaintiff must pay court fees equal to 2% of the claim amount, but not exceed than 200,000 Thai Baht.
Type of Police Report in Thailand
According to Criminal Procedure, there are two types of police reports;
Police complaint report: This type of police report is filed by the injured person to notify the authorities that an offense has been committed, regardless of whether the injured person knows the identity of the offender, with the intention of having the offender prosecuted and a willingness to pursue criminal proceedings against the offender. This type of police report is required for compoundable offences, as it affects the statute of limitations.
Daily report recorded for evidence purposes: this type of police report is intended to notify the police that an incident has occurred. By filing this type of report, the complainant does not intend to initiate criminal proceedings against the offender but merely wishes to inform the police that the incident took place.
Bail
In criminal lawsuit, when a defendant is detained during trial proceedings, including during the appeal and Supreme Court stages, an application for bail may be filed with the court together with the required security. The amount of security to be posted is determined at the court’s discretion. The applicant for bail must not fall under prohibited grounds, such as having previously absconded, posing a risk of causing harm, or providing unreliable security.
The granting of bail is entirely at the discretion of the court.
Property Execution
After a civil lawsuit has been filed, if the court rules in favor of the plaintiff, the plaintiff becomes the judgment creditor and the defendant becomes the judgment debtor. If the defendant fails to comply with the court’s order to pay, the plaintiff must proceed with enforcement of the judgment by filing an execution request and appointing an execution officer to enforce the judgment against the debtor’s assets, by stating the intention to seize or garnish the debtor’s assets in order to satisfy the debt.
If you need to have a legal consultation with our litigation lawyers in Thailand, please contact us via email at info@herrera-partners.com
